7 vying for 3 spots on Texas Court of Criminal Appeals

GOP candidates cite conservative values

AUSTIN, Texas - AUSTIN — The Texas Court of Criminal Appeals could be open for a sea change. Three out of nine spots for the highest court in Texas for criminal cases are open, and seven Republican candidates are facing off in the primaries for those spots. Overall, candidates want to prepare the court for changes in technology and evidence handling, to bring more court records online, and most take the conservative position of not legislating from the bench. Early voting continues through Feb. 28, and the primary election date is March 4.

Place 3 race

51st District Judge Barbara Walther is running against Senior Judge Bert Richardson for place 3. Walther has had 27 years of judicial experience, with 21 of those years as a district judge. She has not lost an election, and she says she would be the only judge on the court from a place west of I-35.

“I think I’ve established over the years that I’m a conservative judge,” Walther said. “The Constitution of the United States and the constitution of the state of Texas are the supreme law of the land.”

She said she’ll be a consistent judge where people will “know how she is going to rule.”

Walther handled polygamist sect cases in Eldorado and San Angelo, overseeing the trial of Fundamentalist Church of Latter Day Saints leader Warren Jeffs. In the initial raid on the FLDS Yearning for Zion Ranch outside of Eldorado, the raid that got the evidence for the convictions, Walther authorized law enforcement to take more than 400 children off the ranch, and the appellate courts overruled her decision and children had to be returned. Walther said she’ll be able to work well with other judges, and that she has helped in official positions with judiciary education.

Bert Richardson has been an attorney for 25 years, and then-governor George W. Bush appointed him to the 379th District Court in 1999, and he served there until losing re-election in 2008. Richardson served as Assistant District Attorney in Bexar County for 10 years, and he was raised in a military family.

“I thoroughly enjoy the appellate work,” Richardson said. “I’m in a perfect position to do it.” He said he wouldn’t have to move and he has a lot of Capitol experience.

Richardson said he would like to see the court adopt an online filing procedure, and that the court will need to confront changes in science dealing with DNA evidence.

“One of the things that I consistently say is that all litigants and parties should be treated equally,” Richardson said.

Now that Richardson is a senior judge, he still can consider cases in certain areas. Most recently, he is the judge looking into whether it was appropriate for Gov. Rick Perry to withhold funding from The Travis County Public Integrity Unity. Perry wanted Travis County District Attorney Rosemary Lehmberg to step down after her driving while intoxicated conviction, and he vetoed $3.7 million in funding for the office. The winner of the place 3 race would go on to run against Democrat John Granberg and Libertarian Mark W. Bennett.

Place 4 race

Jani Jo Wood is an appellate attorney running for place 4. Board-certified in criminal appellate law, she has worked as adjunct advanced legal research and writing professor at the University of Houston Law Center. She currently works as an attorney in the appellate section of the Harris County Public Defender’s Office.

“The court is in flux and I can provide an insight to the court that no other candidate can,” Wood said. “Specifically right now, the court has a lot of judges with a lot of prosecutorial experience” but not much with public defender background, she said. She said she could provide insight into “what it is like for the defense in the trench side.”

She also called the “Constitution my touchstone” and said she would respect the laws as the Legislature passes them.

She likewise wanted the Court of Criminal Appeals have briefs filed online.

Wood, originally from Massachusetts until she came to Texas in the 1980s, considers Kingwood just outside of Houston to be her home.

Kevin Patrick Yeary is running against Wood. The Laredo-raised appellate attorney with Bexar County said he got a taste of the Texas Court of Criminal Appeals while starting as a briefing attorney for the late Judge Bill M. White. “My whole career has been leading up to this,” Yeary said about his continued career in the Dallas County and then Harris County district attorney offices.

He said he has more criminal appellate experience than the rest, with 22 years of practicing law and 18 of those years focused on appellate law.

“I’m really a strong believer that courts are not policymaking bodies,” Yeary said. “If I go to the court, I’m going to make sure justice gets done in every case.”

Yeary lives in San Antonio.

Richard Dean Davis is a former prosecutor who has practiced law for more than 30 years and lives in Marble Falls.

“Richard Davis is dedicated to following and protecting the Constitution, and not eroding or changing it,” his campaign website states. “He believes strongly that a jury of citizens is essential to the freedom as well as the security of all Texans.”

Davis did not return requests for comment throughout last week. According to his campaign site, he supports the Second Amendment and cast his first presidential vote for Gerald Ford in 1976. The winner of the place 4 race will face Libertarian Quanah Parker and Green Party candidate Judith Sanders-Castro.

Place 9

The 2nd 25th Judicial District Judge W.C. “Bud” Kirkendall of Seguin east of San Antonio is running for place 9 on the court, citing 40 years of experience as a jurist, district attorney and private attorney.

“This is a seminal year for the court because of the changeover,” Kirkendall said. “I think we need experienced and qualified judges.”

He said his breadth of experience makes him unique as a judge and elected prosecutor.

He also said he could “work well with others. I think I could bring that to the court.”

Kirkendall said a number of changes are coming, such as how to handle forensic evidence that is later proved false. “I’m a conservative judge, certainly, and a conservative person,” Kirkendall said. He labeled himself a “strict constructionist.” David Newell is running against Kirkendall in the primaries. The Sugar Land assistant district attorney for Harris County said he has substantial experience with criminal and appellate law, and that he has written extensively about the court. He said that exiting Judge Cathy Cochran did well in her writing.

“You’re losing one of the key voices on the court,” Newell said. “She helps the opinions come alive, and I think I have the skill set to do that.”

Newell said the court will face challenges in understanding what reliable forensic science to keep in and how to recognize junk science to keep it out. How to handle cellphone searches could be another issue before the court, he said.

“I believe the Constitution enshrines rights given to us by God,” Newell said. “Our real role is to act as a check on legislative overreach.”

The place 9 winner will go on to face Libertarian William Bryan Strange III and Green Party candidate George Joseph Altgelt.